The growing use of reverse CIRP and the acknowledgment received by the IBBI and MCA highlight that the traditional insolvency mechanism is ill-suited to address the challenges of real estate insolvency.

Through the order, SEBI clarified that entities in purely advisory or consultative roles are not required to register as a Merchant Banker under Section 12(1) of the SEBI Act. This clarification, grounded in regulatory acquiescence and established market practice, provides meaningful relief to advisors who have operated without assuming issue management responsibilities.

The central question raised by Draft Part Z is not whether it improves India’s cross-border insolvency framework. It plainly does. The more difficult question is whether its limited reach is an unavoidable feature of cross-border insolvency or a boundary consciously drawn by the legislature.